Section 5 AAC 01.010 - Methods, means, and general provisions(a) Unless otherwise provided in this chapter, the following are legal types of gear for subsistence fishing: (1) gear specified in 5 AAC 39.105;(2) jigging gear, which consists of a line or lines with lures or baited hooks that are operated during periods of ice cover from holes cut in the ice, or from shore ice referred to in 5 AAC 01.220(i), and which are drawn through the water by hand;(3) a spear which is a shaft with a sharp point or fork-like implement attached to one end, used to thrust through the water to impale or retrieve fish and which is operated by hand;(4) a lead which is a length of net employed for guiding fish into a seine or a length of net or fencing employed for guiding fish into a fish wheel, fyke net or dip net.(b) Finfish may be taken for subsistence purposes only by Alaskan residents.(c) Gillnets used for subsistence fishing for salmon may not exceed 50 fathoms in length, unless otherwise specified by the regulations in particular areas set forth in this chapter.(d) Unless otherwise specified in this chapter, it is unlawful to buy or sell subsistence-taken fish, their parts, or their eggs, except that it is lawful to buy or sell a handicraft made out of the skin or nonedible by-products of fish taken for personal or family consumption.(e) Fishing for, taking or molesting any fish by any means, or for any purpose, is prohibited within 300 feet of any dam, fish ladder, weir, culvert or other artificial obstruction.(f) The use of explosives and chemicals is prohibited.(g) Subsistence fishing by the use of a hook and line attached to a rod or pole is prohibited, unless otherwise provided in this chapter.(h) A subsistence fisherman shall plainly and legibly inscribe that person's first initial, last name, and address on that person's fish wheel, or on a keg or buoy attached to a gillnet, and other unattended subsistence fishing gear.(i) All pots used for subsistence fishing must comply with the escape mechanism requirements in 5 AAC 39.145.(j) Persons licensed under AS 43.75.011 to engage in a fisheries business may not receive for commercial purposes or barter or solicit to barter for subsistence taken salmon or their parts. Further restrictions on the bartering of subsistence taken salmon or their parts may be implemented by emergency order for a specific time or area if circumvention of management programs is occurring because of illegal bartering activities.(k) The gillnet web in a gillnet used for subsistence fishing for salmon must contain (1) at least 30 filaments, each of which must be of equal diameter; or(2) at least six filaments, each of which must be at least 0.20 millimeters in diameter.(m) Salmon taken for subsistence use or under subsistence fishing regulations may not be subsequently used as bait for commercial fishing purposes.(n) The use of live nonindigenous fish as bait is prohibited.(o) Fish taken and retained for subsistence shall be salvaged for subsistence uses; (1) in this section "salvage" means to transport fish to a location where the fish A will be processed or preserved for subsistence uses before the fish become spoiled or otherwise unusable for subsistence;(2) it is a defense to a charge that the failure to salvage the fish was due to circumstances beyond the control of the person charged, including: (B) unanticipated weather conditions or other acts of God;(C) unavoidable loss in the field to a wild animal.(p) Subsistence fishing guide services are prohibited.(q) For the purposes of this subsection, "subsistence fishing guide services" means to provide assistance for compensation, or with the intent to receive compensation, to a subsistence fisherman to take or to attempt to take fish by accompanying or physically directing the fisherman in subsistence fishing activities during any part of a subsistence fishing trip.(r) In this section, "compensation" (1) means direct or indirect payment, remuneration, or other benefits received in return for services, regardless of the source; in this paragraph, "benefits" includes (A) wages or other employment benefits given directly or indirectly to an individual or organization; and(B) dues, payments, fees, or other remuneration given directly or indirectly to a fishing club, business, organization, or individual who provides subsistence fishing guide services;(2) does not include reimbursement for the actual daily expenses for fuel, food, or bait.In effect before 1983; am 4/16/83, Register 86; am 4/2/88, Register 105; am 6/2/88, Register 106; am 6/25/89, Register 110; am 7/16/92, Register 123; am/readopt 5/15/93, Register 126; am 7/3/94, Register 130; am 6/17/2001, Register 158; am 7/1/2006, Register 178; am 7/13/2012, Register 203; am 6/26/2016, Register 218, July 2016; am 6/28/2019, Register 230, May 2019; am 5/24/2023, Register 246, July 2023; am 6/25/2023, Register 246, July 2023Authority:AS 16.05.251
AS 16.05.258